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HomeMy WebLinkAbout1993 09-27 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 27, 1993 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:02 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Charlie Hansen, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, Director of Community Development Brad Hoffman, and Council Secretary Kathy Stratton. OPENING CEREMONIES The invocation was observed with a moment of silence. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS No Council reports were given. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. Mayor Paulson requested Item l0e be removed from the Consent Agenda. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the Agenda and Consent Agenda, with the exception of Item 10e. The motion passed unanimously. APPROVAL OF MINUTES SEPTEMBER 13, 1993 - REGULAR SESSION There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the minutes of September 13, 1993, regular session as printed. The motion passed unanimously. 9/27/93 i RESOLUTIONS RESOLUTION NO. 93 -148 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET TO PROVIDE FOR SAFETY ITEMS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -149 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1993 -22, ANNUAL TELEVISION INSPECTION OF SEWERS, ACCEPTING PROPOSAL AND APPROPRIATING FUNDS THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -150 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR PROFESSIONAL SERVICES TO CONDUCT AN ENVIRONMENTAL STUDY OF PROPERTY TO BE USED FOR CONSTRUCTION OF A STORM WATER POND - IMPROVEMENT PROJECT NO. 1992 -29, AND ALLOCATING FUNDS THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -151 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR CONTRACT 1993 -F, FURNISHING AND INSTALLING PLAYGROUND APPARATUS AT NORTHPORT PARK AND AT FREEWAY PARK, IMPROVEMENT PROJECT NO. 1993 -14 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 9/27/93 -2- RESOLUTION NO 93 -152 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 09/27/93) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -153 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION DESIGNING A CUSTODIAN OF CITY INVESTMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -154 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING CONTRACT FOR SCHOOL LIAISON AND D.A.R.E. OFFICER SERVICES BETWEEN THE ANOKA - HENNEPIN SCHOOL DISTRICT NUMBER ELEVEN AND THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott the motion passed unanimously. RESOLUTION NO. 93 -155 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION COMMENDING STATE REPRESENTATIVE PHIL CARRUTHERS ON HIS APPOINTMENT AS HOUSE MAJORITY LEADER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott the motion passed unanimously. LICENSES There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the following list of licenses: MECHANICAL SYSTEMS r Northwest Sheetmetal Co. of St. Paul 2136 Wabash Ave. P & D Mechanical Contracting Co. 4629 41st Ave. N. 9/27/93 - 3 - `r ' E RENTAL DWELLINGS Renewals: J.G. Strand 5329 Penn Ave. N. Carin L. Rudolph 5318 Queen Ave. N. Casmir and Doris Stachowski 5329 Queen Ave. N. Anna Gullord 5337 -39 Queen Ave. N. Tom and Wendy Wurr 5422 72nd Circle N. The motion passed unanimously. APPROVAL OF MINUTES - CONTINUED SEPTEMBER 14 1993 - RECONVENED SESSION There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve the minutes of September 14, 1993, reconvened session as printed. Councilmember Rosene abstained from voting. The motion passed unanimously. ORDINANCES The City Manager presented an Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Development on All Land South of 66th Avenue and North of I -694 lying between Willow Lane and Highway 252 and recommended it for first reading. He then asked the City Attorney, Charlie LeFevere, to address the Council regarding action recommended to the Council. a The City Attorney handed out amended Ordinances and one amended Resolution which J. exclude the address of the property at 6626 West River Road. He said this address was included in error and the omission was the only change from what was originally included in the Council packet. He explained there are actually four actions recommended to the Council to take, the first one being to make a motion setting a date for the Planning Commission to hold a public hearing regarding rezoning. He said this date must be set before ordinances can be adopted. There was a motion by Councilmember Mann and seconded by Councilmember Rosene to recommend that the Planning Commission hold a public hearing regarding rezoning of this r parcel of land at its November 18, 1993, meeting. The motion passed unanimously. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve first reading of An Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Development on All Land South of 66th Avenue and North of I -694 lying between Willow Lane and Highway 252. The motion passed unanimously. 7 9/27/93 -4- s Y The City Manager introduced an Interim Emergency Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Development on All Land South of 66th Avenue and North of 1-694 lying between Willow Lane and Highway 252 and recommended it for first reading. The City Attorney explained an emergency ordinance takes effect immediately upon passage, but a moratorium ordinance cannot take effect until 30 days after the public hearing is set. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to approve first reading of An Interim Emergency Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Development on All Land South of 66th Avenue and North of 1-694 lying between Willow Lane and Highway 252. The motion passed unanimously. Mr. Tom Gedde of Holiday Station Stores, Inc., asked to address the Council and was given permission by the Mayor. He expressed his objection to what appears to be the action of the City Council. He said even though he understood the difficulty of the situation because of the sentiment of the public, adopting a moratorium is still not appropriate because the City did the exact same thing in 1989 and no changes were made as a result. He also said the purpose of a moratorium ordinance is not meant to hold up the process of a viable application and to frustrate the rights of a landowner. He said there is a time when elected officials must disappoint their constituents and stick with what is law. Mr. Gedde continued that the City Council should be bound by the action its own government has taken before as what is fair, and any unfairness may expose the City to substantial damages. He said because there has been no flood or natural disaster an emergency ordinance was unwarranted and unfair. He concluded the Council should do what's right and acknowledge there are limits to actions it can properly take. He urged the Council to reconsider its apparent action and instead accept the application of Holiday Station Stores, Inc. Councilmember Scott said the biggest thing she thought gave the Council the right to take the proposed action was the critical areas law being passed by our State and Federal governments which will be going into effect in the future. She said even though the law hasn't gone into effect yet, the moratorium ordinance allows the City time to find out more about it and hence make the right decision. She added a gas station underground tank could leak at some time in the future, and once we pollute our rivers, they cannot be unpolluted. Mayor Paulson added the application of Holiday Station Stores, Inc. is not being denied solely on the basis of neighborhood sentiment, but on issues such as the environment, safety, character of the neighborhood, crime, traffic, and the City's interest as an area landowner. 9/27/93 -5 - i G Mr. Gedde responded to Councilmember Scott's comment by saying it is not fair to deny an application on the basis of a law that might pass. He said only applications after the law passed could fairly be denied based on the law. Mayor Paulson pointed out another reason the moratorium ordinance is appropriate is there is now a different focus on the area than there was is 1989. He said then only the specific parcel of land to be used for a gas station was studied, whereas now the larger area is to be studied with all its possibilities for other uses. The City Manager presented a Resolution for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Development on All Land South of 66th Avenue and North of I -694 lying between Willow Lane and Highway 252. RESOLUTION NO. 93 -156 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RESTRICTING DEVELOPMENT ON ALL LAND SOUTH OF 66TH AVENUE AND NORTH OF I -694 LYING BETWEEN WILLOW LANE AND HIGHWAY 252 The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. DISCUSSION ITEMS ADMINISTRATIVE TRAFFIC COMMITTEE REPORT REGARDING SPEED CONTROL ON UNITY AVENUE BETWEEN 69TH AND 73RD AVENUES The City Manager explained the recommendation of experimental installation of speed "humps" to control the speed problem on Unity Avenue. i The Director of Public Works showed a picture of a speed hump and explained the difference between speed bumps and speed humps. He said speed bumps are 11/2 to 2 feet wide, while a hump is 12 - 20 feet wide. He explained the safety threat of bumps to bicyclists and how c humps are easier to maintain. He said the Traffic Committee and staff Y P have reviewed this issue and recommend the humps be installed. He reported the proposal has been submitted to three different contractors and one estimate has been received. Councilmember Rosene expressed his appreciation to the Traffic Committee for its openness to this new option. RESOLUTION NO. 93 -157 Member Dave Rosene introduced the following resolution and moved its adoption: 9/27/93 - 6 - i I { i RESOLUTION APPROVING INSTALLATION OF SPEED HUMPS ON UNITY AVENUE, ACCEPTING PROPOSALS, AND ALLOCATING FUNDS THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. Mayor Paulson commended the efforts of the neighborhood group that was formed for the purpose of addressing this problem and pointed out that in this case the, system worked well to get something done. DISCUSSION ITEMS - CONTINUED REPORT ON HENNEPIN COUNTY DISPATCH SERVICES The City Manager presented a report detailing the possibility of transferring responsibility for public safety dispatching from the City of Brooklyn Center to Hennepin County. He explained the materials enclosed in the Council packet and addressed four main areas of concern as follow: 1) Hennepin County Board Reaffirmation of "No Charge" Policy; 2) Talk- Around Capability for Police Department; 3) Truck -to -Truck Talk - Around Capability for Fire Department and 4) Automated Dispatcher Notice for Fire Medical Callouts. He stated his opinion that if the City Council chooses the Hennepin County service, citizens of Brooklyn Center will be very well served, and showed a cost savings at a minimum of $136,087 per year. In answer to Councilmember Rosene's questions, the City Manager explained that life of the City's existing equipment is thought to be around 15 years, and the City has had it for 13 years. He also explained the possibility of changing over to 800 frequency equipment and gave a cost estimate of $500,000 to $750,000 based on what it cost the City of Bloomington when it changed to 800 frequency. He also explained when equipment starts to fail it must be replaced quickly. The City Manager told the Council which other cities were considering this change and explained the change would only occur if other cities got involved as well. Councilmember Rosene asked whether it would be possible to get out of the commitment to the County later if the City wants to do so. The City Manager said Brooklyn Center could try it for a couple of years and then possibly go to an 800 frequency at that time and restated the main purpose for turning this over to Hennepin County would be financial gain. Councilmember Mann asked if the City would get any money in return for the sale of old equipment. The City Manager responded the removal cost is substantial and outweighs the value of the equipment and clarified the mobile equipment presently owned by Brooklyn Center will not become the property of Hennepin County. Councilmember Mann expressed concern about giving up the frequency currently used by Brooklyn Center. 9/27/93 - 7 - E s F i f `r Councilmember Scott expressed concern about areas that might be forgotten and asked if any agreement between Brooklyn Center and Hennepin County could be in writing and used as a binding contract. The City Attorney explained that anything in writing is a binding contract, the question is whether the people who did the writing had the authority to enter into such agreements. Because Councilmember Rosene asked how the job descriptions and salaries of new dispatchers would compare to the current ones, the City Manager explained how the compensation of the larger group of dispatchers would be lower. Councilmember Rosene asked if the jail operation would work as it currently does, and the City Manager said it would. Councilmember Kalligher asked if the City would be able to determine how much of its equipment was compatible with the Hennepin County system before entering into the agreement. The City Manager explained the equipment owned by Brooklyn Center works with the County system, and so far nothing has been found to be incompatible. Councilmember Rosene expressed the desire to hear from members of the audience. Mr. Mike Kaulfuss appeared on behalf of the Police Association and explained since the Association's president could not attend, he was asked to attend on his behalf. He said at their meeting a short time ago a vote was taken which was overwhelmingly in opposition of going with the County system. His main concern was with the dispatchers of the police department. He explained the dispatchers are the same people that work hard every day and have been asked to work extra hours, and they would all lose their jobs. Mr. Kaulfuss said it is possible by going to the County system not as much money will be saved as it seems, so it would not be worth it to change a system that works and has worked for over 15 years. He explained for a city to have its own dispatch is held in high regard, that there's no guarantee the County system will actually be cheaper, and when the lives of the dispatchers are considered, it's not worth it. Mr. Tom Hoops, a resident of Brooklyn Center, explained his family is one that has had some medical emergencies. He decided to remain in Brooklyn Center because it is an efficiently run city. He expressed concern that response time could become slower, and asked if the City was ready to deal with possible lawsuits because of slower response time. Councilmember Rosene asked what the County is claiming on response time, and whether the larger number of cities to handle would affect the response. The City Manager explained the only difference would be measured in milliseconds as the phone equipment made necessary switches, and the use of multiple dispatchers to handle the number of calls. The City Manager explained the system being offered by Hennepin County is a first rate system, although he did not want to degrade Brooklyn Center's system, but currently it is over - stressed due to understaffing. I 7 i f 9/27/93 -8- Firefighter Jerry Pedlar stated many of the things being said about the County system are true. He explained, however, frequencies are like gold and once given up they can never be gotten back. He also expressed concern over safety problems if the fire crews need to communicate with the trucks and are unable to do so. He said if the decision is strictly economical, perhaps it should be tabled to talk to people in the Fire Department about truck -to -truck communication. Mr. Pedlar explained a vote taken by the 28 members of the Fire Department which came out 27 to 1 in favor of keeping the present system. The Chief of Police, Trevor Hampton, responded to the issue of concern about the quality of service and the response time that would occur if Brooklyn Center entered into this agreement with the County. He said although our 5 dispatchers do an excellent job, they are overworked and understaffed, especially when the shifts must be covered 7 days a week, 24 hours a day. He said in the case of illness or turnover it places unbelievable stress on the remaining dispatchers to cover the shifts. He thought, therefore, with more staffing options and time for in- service training in the larger County system, the service level would not go down but improve. He also explained there is no time loss in electronically routing calls to the County. Ms. Anna Filson, whose husband is a police officer for Brooklyn Center, disagreed that response time would increase, gave an example of when the County system in another city took 9 minutes. She said although everything turned out all right with this call, it could have meant life or death. She compared that time to Brooklyn Center's 4 minutes and urged the Council not to use the County system. Fire District Chief Kent Korman said the Fire Department does not favor migration to Hennepin County's system 27 to 1. He explained dispatchers are an integral part of the current system, and computers cannot tell what will happen in real life situations. He explained several cities previously handling their emergency calls through the Hennepin County system have gone to doing it themselves. He said he understands budget constraints, but any savings will be offset by a system that does not meet our needs. He explained some types of secondary calls the dispatchers currently make cannot be made by Hennepin County personnel so fire fighter personnel would have to make these calls themselves. Councilmember Rosene asked if the approximate figure of 40 cents raised in taxes for every $10,000 in budget expense was still accurate. The City Manager responded it is accurate. Councilmember Rosene then gave his calculation that it would cost $5.20 per taxpayer to keep the current system and explained he was trying to balance in his mind whether the gain of going to the County system is greater or less than $5.20 per person per year. The City Manager explained so many citizens are saying taxes are already too high, and every time there's a raise of $5.00 here and there it affects the taxpayers. He said this is just one way to save. He said he thought Brooklyn Center would have an effective system either way, however, staying with the current system will involve additional costs. 9/27/93 _ 9- i G Councilmember Kalligher asked how much staying with the current system will cost in the future. The City Manager explained a study by Montgomery and Associates saying the City's equipment will last only a few more years at best and replacing parts would not be as efficient as going to a completely new and working system. Replacing the current system could cost in the area of $500,000 to $750,000. Councilmember Scott expressed concern budgeting funds to improve the dispatch system might wipe out the funds for an additional police officer. The City Manager explained the money for additional officers is already budgeted. Councilmember Kalligher explained she would vote against migration to the Hennepin County dispatch service as she feels the local dispatchers are familiar with the community and important to an efficient system. She said she did not approve of firing people who have dedicated their lives to our community. She said she believes the City has a responsibility to these people as employees and said she will vote "no ". Councilmember Mann said she did not discourage further research into the possibility of using the County system, but because of giving up the frequency could not currently support the change. Councilmember Rosene asked if any dispatchers in the audience would address the Council. Ms. Jean Dorweiler, Brooklyn Center resident and dispatcher for 19 years, said she knows the City map like the back of her hand. She said another dispatcher, Ron, has worked there for 20 years, and the others have had less experience, but have been very dedicated in familiarizing themselves with trouble spots. She said if someone calls in "We know where they are!" The City Manager explained to Councilmember Mann if the City migrates to an 800 frequency system in the future, the need to hold on to the current frequency will no longer be needed. He added frequencies are not owned by cities but "leased" and sometimes must be shared under the rules of the FCC. Councilmember Scott expressed concern about where money will come from if the current system goes down. The City Manager explained last time they used capital improvement funds and a levy, though at that time it was $230,000 and this time it would be much more expensive. Mayor Paulson said his inclination is to look for opportunities for ways to save money and re- allocate resources, so he has respect for City staff for finding this way to cut costs. He said he also respects Chief of Police and his comments regarding need for more personnel. He explained he also had respect for the Police and Fire Departments who do their jobs every day and know the most about what they need to be effective. He thanked the Council for work and research on this matter. The Mayor said he has not wanted to move on this 9/27/93 - 10- issue until a consensus was reached among Councilmembers, so he thought the Council should look for other options like going to an 800 frequency system and getting renewed commitment from the current dispatcher service about customer service. He said he thought f it would be best for the City, the Police and Fire Departments and all concerned to stick with a good thing but look for opportunities to improve. Councilmember Rosene asked if the proper way of funding future equipment purchases would be to save up for that in the capital improvements fund. The City Manager explained a Certificate of Indebtedness could be sold, but funds cannot be accumulated to avoid a bond issue. RECESS A brief recess was called at 9 :07 p.m. for the purpose of changing the videotape. The City Council reconvened at 9:20 p.m. I' Councilmember Rosene explained he is not convinced that going with the County system is best although it certainly seems to be a viable option. He said he is comfortable with what the City currently has as long as the equipment is monitored closely and he will vote to deny the proposed change. There was a motion made by Councilmember Kalligher and seconded by Councilmember Mann to not adopt the Resolution Requesting Hennepin County Sheriffs Department to Provide Dispatching Services for Brooklyn Center Police and Fire Departments. The motion passed unanimously. STAFF REPORTS - CONTINUED REPORT ON PROPOSED PARK AND RIDE FACILITIES ON BROOKLYN BOULEVARD NORTH OF 65TH AVENUE The Director of Public Works explained on June 28, 1993, the City Council conducted a public hearing regarding the proposed storm water pond, Park and Ride facility, and park development in the southwesterly quadrant of the I- 694Brooklyn Boulevard interchange. He explained informational meetings with citizens in the area had been held and the public seemed to be aware of issues and seemed to be in agreement with the proposal. Councilmember Scott asked about a letter from a property owner in the area offering his property for sale. The Director of Public Works explained acquiring the property would increase the cost of the project, so he was not in favor of that. RESOLUTION NO. 93 -158 Member Dave Rosene introduced the following resolution and moved its adoption: 9/27/93 i RESOLUTION CALLING FOR PUBLIC HEARING REGARDING PROPOSED PARK AND RIDE FACILITY, WEST OF BROOKLYN BOULEVARD AND NORTH OF 65TH AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Mayor Paulson abstained from voting. Councilmember Mann asked for clarification as to whether the residents of the area knew about the storm water pond part of the proposal. The City Manager explained he thought they did. ESTABLISHMENT OF PROJECT FOR IMPROVEMENTS TO CENTRAL GARAGE The City Manager introduced the proposal for substantial remodelling required at the Garage to meet health, life safety, building and fire codes, ADA, and EEO requirements. The Director of Public Works reviewed three options previously presented to the City Council, which had endorsed Option #2. He gave a detailed explanation of costs, including some addition to the previous plan. He explained City employees in the building have reduced operation and personnel costs while increasing their level of service over the past 25 years. He said because of these changes, there has been added stress on the building. Mr. Frank Whitman, mechanic in the Garage and representative of the Employee Safety Committee, explained the poor air quality because of shop dust and smoke from welding and possible carcinogens from lead based paint. He said even though the ventilation system was f working, there were higher than acceptable levels of carbon monoxide in the air at times. He said many of the employees have been experiencing respiratory and sinus problems similar to those in the "sick building syndrome," and particles are being inhaled that can cause long -term health problems. He said storage of herbicides and pesticides occurs in the garage which can infiltrate the rest of the structure. He explained painting on -site is cheaper than sending it out, but operating the paint booth creates a vacuum and the fumes that are supposed to be exhaust actually get pulled back into the building. Fire Chief Ron Boman explained employees in the Garage are developing serious headaches and respiratory problems. He said hazardous materials stored in the Garage are bought in quantity to save costs, but the storage further lessens the air quality and safety of the building. He said steel storage rooms are needed for these materials. He continued a new furnace is needed that will take in much more outside air and area furnaces need to be separated to meet fire codes. He explained the hazards of vehicles parked in the aisles, the paint booth, and diesel engines creating a higher exhaust. Councilmember Kalligher asked if asbestos is present in the building needs to be removed. The Director of Public Works explained encapsulation and removal of PCBs will be done if necessary and is included in the estimated cost. ik 9/27/93 -12- The Director of Public Works showed an overhead listing ten problems and presented an interim plan to solve some of them temporarily. He then gave a detailed cost summary for Option #2. Mr. Dave Peterson, Public Works Superintendent, said he would not comment on problems that have already been mentioned, but added the Garage is used 17 hours a day on normal days and more on days it snows. He explained how the interim plan limits normal use and efficiency of the Garage. Councilmember Kalligher asked how long the underground fuel tanks had been in the ground and how much of the cost is to replace the fuel system. The Director of Public Works explained they are reconditioned tanks from a Seven Eleven store and have been underground for ten years. He said the cost of replacing this fuel tank system is about half of the cost of the "Group 2" add -ons. Councilmember Kalligher asked if the remodelling proposed in Plan #2 would bring the sign shop and paint booth back into operation. The Director of Public Works explained it would. Councilmember Scott recommended the Council proceed with all parts of Plan #2 except the fuel system. Councilmember Kalligher asked if the improvements to the road and parking would need to be done if the fuel system was not improved. The Director of Public Works explained these improvements needed to be made for the purpose of improving traffic flow around the pumps whether the fuel tanks were replaced or not. Mr. Bob Cahlander, Supervisor of Streets and Parks, explained traffic around the pumps has been a hold up and there have been several accidents. The Fire Chief explained the underground tanks are single wall tanks that will have to be out of the ground shortly by law. He said Brooklyn Center is one of the few places left with a single wall tank, and for safety and leakage protection, others are going to double wall tanks. Councilmember Scott asked how this legislation existed when Brooklyn Center had heard nothing of it. The Director of Public Works explained the existing tanks are non- conforming, but legal as they don't leak. Councilmember Rosene asked about screening, and recommended only minimum landscaping requirements be met in this situation. 9/27/93 - 13- There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to amend the proposed Resolution Establishing Improvements to the Central Garage with the stipulation that if the fuel system needs to be replaced in 1993 or 1994, then the budget cap will be $1,700,000; but that if the fuel system does not need to be replaced in conjunction with the project, then the budget cap will be $1,375,000. The motion passed unanimously. RESOLUTION NO. 93 -159 Member Celia Scott introduced the following resolution as amended by the above motion and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1993 -19, IMPROVEMENTS TO CENTRAL GARAGE, ALLOCATING FUNDS THEREFOR, AND AUTHORIZING STAFF TO SOLICIT A PROPOSAL FOR PROFESSIONAL SERVICES RELATING THERETO The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RECOMMENDATION FROM THE HUMAN RIGHTS AND RESOURCES COMMISSION REGARDING FAIR HOUSING PROGRAM The Personnel Coordinator gave a brief presentation on a program recommended by the Human Rights and Resources Commission to ask for the City's endorsement of the concept of a fair housing center that eventually may serve Brooklyn Center and area residents. She explained no money is needed at this time for the program but said Community Action for Suburban Hennepin (CASH) is asking for the Council's support of the concept. Mayor Paulson commented support by the Council would depend on whether other cities become involved as well. Councilmember Mann said the Council should not be responsible for any future financial commitments, and the rest of the Council concurred. There was a motion made by Councilmember Mann and seconded by Councilmember Kalligher to support the concept of a fair housing center if other cities become involved and with no financial commitment at this time. The motion passed unanimously. HENNEPIN COUNTY'S PROPOSED CHANGES TO POLICIES REGARDING COST PARTICIPATION FOR COOPERATIVE HIGHWAY PROJECTS The City Manager introduced a report detailing proposed changes in policy by Hennepin County regarding cost participation on highway projects. The Director of Public Works explained the City objects vigorously to these changes, and they would have a very detrimental impact on the City's ability to accomplish improvements on Brooklyn Boulevard. 9/27/93 - 14 - i RESOLUTION NO. 93 -160 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION REGARDING HENNEPIN COUNTY FUNDING OF COOPERATIVE HIGHWAY PROJECTS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. TWIN LAKES TRAIL PLANS The City Manager introduced the staff report regarding the progress of the Twin Lakes Trail Plans. The Director of Public Works showed a map of the area and explained a public informational meeting will be held by the Brooklyn Center Park and Recreation Commission in the Brooklyn Center Council Chambers at 7:00 p.m. on October 19th. There was no action needed by the Council on this matter. ESTABLISHMENT OF CENTRAL GARAGE INTERNAL SERVICE FUND The Finance Director gave a staff report regarding the Establishment of Central Garage Internal Service Fund. Councilmember Rosene asked how refunding of bonds would work, and how a fund gets more money in it than it needs. The Finance Director explained it is not unusual for a fund to have a surplus and if people pre -pay assessments to avoid interest charges, the fund can then invest and gain interest itself. The Council asked for clarification as to whether the Resolution only authorizes creation of the fund but not adding money to it. The Finance Director explained the resolution recommended for passage only creates the fund and there would have to be another resolution later to put money into it. RESOLUTION NO. 93 -161 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION CREATING A CENTRAL GARAGE INTERNAL SERVICE FUND The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 9/27/93 - 15 - PARKS AND RECREATION RISK MANAGEMENT PROGRAM The City Manager introduced the discussion item regarding replacement of playground equipment in Central Park. The Director of Public Works reported on staffs recommendation to remove the existing playground apparatus in the Central Park Plaza because Brooklyn Center's insurance carrier has recommended its replacement. Councilmember Rosene expressed concern about playground equipment being unexciting for children or bland in order to avoid lawsuits. Councilmember Mann suggested Councilmembers look at Northport and Freeway parks to see how much children enjoy them. She said they are challenging and safe, and Central Park could be modeled after them. The Director of Public Works explained there are four more park improvements scheduled in 1994 and staff will consider other options regarding type of playground equipment used. RESOLUTION NO. 93 -162 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1993 -20, REPLACEMENT OF PLAYGROUND EQUIPMENT IN CENTRAL PARK, ACCEPTING PROPOSAL, AND ALLOCATING FUNDS THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTIONS - CONTINUED The City Manager introduced a Resolution Giving Final Approval to Year II of the Brooklyn Center Business Retention/Job Expansion Program. The Director of Community Development explained the resolution authorizes $30,000 of CDBG money for Brooklyn Center's business retention program. He also said there have been feelings among the business community the City did not care about them. Councilmember Kalligher expressed concern the study not sit on a shelf and collect dust, and Mayor Paulson expressed similar concern. Mayor Paulson expressed a desire to talk with Joseph Strauss and requested the resolution be tabled. The City Manager explained the City has contractual obligation to continue on this and it has been before the Council since March. 9/27/93 - 16 - Councilmember Scott said it is not necessary to hold up the resolution although Mayor Paulson can still talk with Joseph Strauss as necessary. RESOLUTION NO. 93-163 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION GIVING FINAL APPROVAL TO YEAR II OF THE BROOKLYN CENTER BUSINESS RETENTION /JOB EXPANSION PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. The City Manager introduced a Resolution Approving Change Order No. 5 for 69th Avenue Reconstruction, Phase 2, Improvement Project No. 1990 -10, Contract 1992 -B Mayor Paulson explained his reason for having this item removed from the Consent Agenda was it seemed like a lot of items for a lot of money, and he was concerned that all these items were ones that staff had approved work on. The City Manager explained that estimates are sometimes low and sometimes high and there are always surprises on jobs this size. Councilmember Kalligher asked who monitors the work to be done so the City is not overcharged. The City Manager explained staff keeps track of it. RESOLUTION NO. 93 -164 Mayor Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 5 FOR 69TH AVENUE RECONSTRUCTION, PHASE 2, IMPROVEMENT PROJECT NO. 1990-10, CONTRACT 1992 -B The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:35 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Kathy Stratton, TimeSaver Off Site Secretarial 9/27/93 -17- r